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Ontario Highway Traffic Act

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Fail to yield from driveway
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PostPosted: Sun Aug 16, 2009 3:26 pm 
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My partner was backing out of our driveway onto a residential street and collided lightly with a car parked opposite our driveway. There is only minor damage and she was the only person involve, yet she was given a ticket for 'fail to yield from driveway' contrary to HTA sect. 139(1). Is this ticket proper and should she fight it? I thought this offense dealt moving vehicles, am I wrong or right? Thank you in advance for any help.


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PostPosted: Mon Aug 17, 2009 9:13 am 
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Location: Stratford, Ontario
The correct charge probably should have been Careless. But Careless is a very severe charge (6 points). I think the HTA really, really, REALLY needs a different/new charge for "minor" carelessness. Either that, or just reduce the severity of the current statute.

Personal opinion? I think your charge is inappropriate. We don't "yield" to parked cars.


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fty
PostPosted: Tue Aug 18, 2009 10:24 pm 
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Thanks for your opinion Bookm. I agree there should be a different statute as in this situation there is less than $1000(most of it painting costs) damage. I can't imagine that everybody who dinged a bumper while parallel parking gets a ticket with three(or six) demerit points. Could it be so?


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PostPosted: Wed Aug 19, 2009 8:13 am 
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I would try to pay the other car owner in cash (using their estimate without any counter-offer, ie. "I have a cousin who dabbles in body work").

Then plead not-guilty and show up for court on your trial date. My bet is the cop won't even show up. He'll know the "glove doesn't fit" ;)


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